AgdaPkt 2015-07-27 Joint SA and PFA

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8.A. - Page 57 of the General Plan and the Precise Plan and to comply with legal requirements and policies of the City pertaining to such reserved discretionary approvals. (c) Project Changes. If any revisions of the Project are required by a government agency other than the City, the Developer shall promptly make any such revisions that are: (i) generally consistent with the Project Description (Exhibit B) and (ii) would not result in any material additional improvements not identified in the Developer's submitted application. (d) Conditions of Approval. Provided the Developer's Conditions to Close of Escrow have been satisfied, including without limitation securing all Approvals, the Developer agrees to accept and comply fully with any and all reasonable conditions of approval applicable to any Approvals, permits or other governmental actions regarding the construction or installation of the Project on the Site, to the extent that such conditions are: (i) generally consistent with this Agreement and the Project Description, (ii) imposed after a public hearing in accordance with the City's approval process, and (iii) would not result in any material additional improvements not identified in the Developer's submitted application. (e) Developer Payment of Costs and Fees. Except for the City's obligation to pay for a proportionate share of certain utility relocation costs, as set forth in Section 4.1 hereof, Developer shall be solely responsible for paying for the costs of all design work, construction, labor, materials, fees, permits, applications, and other expenses associated with the Project. The Developer shall pay all lawfully required fees pertaining to the review and approval of the Project by any governmental agency or utility service providers, including the costs of preparation of all required construction, planning and other documents required by such governmental agency or utility service provider pertinent to the construction, installation or operation of the Project on the Site, including, but not limited to, specifications, drawings, plans, maps, permit applications, land use applications, zoning applications, environmental review and disclosure documents and design review documents. The Developer shall obtain any and all necessary governmental approvals, prior to the commencement of applicable portions of construction and installation of the Project, and the Developer shall take all necessary precautions to ensure the safety and stability of surrounding properties during the construction and installation of the Project. 3.5 Construction of Project. (a) Developer understands that, during the term of this Agreement, City intends to engage in negotiations with a third party for the disposition and development of an adjacent City -owned lot, located to the west of the Site, between Winslow Street and Hamilton Street (referred to as the "Winslow Parcel "). City is willing to consider allowing Developer to use the Winslow Parcel on an interim, short-term basis, for purposes of staging activities related to the construction of the Project on the Site, provided however, that any such access and use of the Winslow Parcel shall be conditioned upon and subject to an entry and access agreement or other similar agreement to be entered into between the City and Developer prior to any such access and use, substantially in the form attached hereto as Exhibit E (Form of License Agreement for Winslow Parcel) and incorporated herein by reference, which License Agreement 82483.00019\9644366. 13 ATTY /AGR /2015.146 /HAMILTON - WINSLOW DDA REV: 07 -22 -15 VR Page 16 of 102